HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/02/2010 - RESOLUTION 2010-015 AUTHORIZING THE CITY MANAGER T DATE: March 2, 2010
STAFF: Dave Gordon _ M
Mike Freeman
Resolution 2010-015 Authorizing the City Manager to Execute the 2010 Grant Agreement with the Federal Aviation
Administration for Improvements at the Fort Collins-Loveland Municipal Airport.
EXECUTIVE SUMMARY
This Resolution authorizes the City Manger to execute a grant from the Federal Aviation Administration for Entitlement
funds in the amount of$500,000. These funds will be used for design services for a capital construction project that
will be done this summer. The capital project will rehabilitate the Airport's primary runway and is anticipated to cost
approximately$6.5 million.
BACKGROUND/ DISCUSSION
The Airport's primary capital project for 2010 is the rehabilitation of runway 15/33, which is the Airport's primary
runway. This runway is in bad condition and has experienced recent failures that required emergency repairs. The
FAA supports the rehabilitation of the runway and is programming additional Discretionary Grant funds to pay for this
work. The Airport normally receives$1 million per year of Entitlement Grant funds. The total cost for design services,
repair costs, surveying and geotechnical services are estimated to be$6.5 million.
The funds from this Grant will be used to pay the Airport's engineering firm for professional design/engineering
services and sub-contractor services for surveying and geotechnical soils work.
Bids for the construction work will be opened in May of this year. After bids are opened and the total project costs are
known, the FAA will offer to the Cities a second grant in an amount necessary to complete the project. The
construction work on the runway will be done the last half of August.
FINANCIAL IMPACT
The Airport's approved 2010 budget includes the expenditure of the FAA grant funds and the Airport's matching share
of the grant in the amount of$26,315.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
This project will not increase the size of the current runway length and width, nor increase the weight capacity of the
runway. The level of aircraft activity and/or future growth potential will remain the same after the project is complete
so impacts to the environment should be no different than before.
The runway is a significant transportation resource to the Airport and surrounding communities. Maintaining this asset
in a safe, useful condition is critical if the Airport is to continue performing its transportation mission and support of
economic growth to the area as an employment center, generating revenues to the City and provide regional
transportation services.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
March 2, 2010 -2- ITEM 20
BOARD / COMMISSION RECOMMENDATION
The Airport Steering Committee has been advised of the need for this project and of the FAA Entitlement and
Discretionary funding that will be made available for this project. The Airport Steering Committee has expressed its
support of this project and the expenditure of the capital funds.
PUBLIC OUTREACH
The Airport staff has held several meetings with Airport tenants, pilot organizations, Airport businesses, local
businesses and the FAA to discuss the need for this project and the costs. These meetings have consisted of public
Airport Steering Committee meetings, pilot Association meetings, FAA Joint Planning Conferences and individual
meetings with Airport businesses and air carrier. All of the Airport stakeholders understand the importance of this
runway and support this project.
RESOLUTION 2010-015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2010
GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION
FOR IMPROVEMENTS AT THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT
WHEREAS, the Cities of Fort Collins and Loveland(the "Cities")jointly own and operate
the Fort Collins-Loveland Municipal Airport (the "Airport"); and
WHEREAS, the Cities, by resolution, have adopted the Fort Collins-Loveland Municipal
Airport Master Plan; and
WHEREAS,the Federal Aviation Administration provides grant funding to eligible airports
to enable those airports to pursue, in a timely manner, capital improvements included within an
adopted Airport Master Plan; and
WHEREAS,the Cities have applied for,and have been offered,a capital funding grant from
the Federal Aviation Administration in the amount of$500,000 to fund design services for the 2010
capital construction project to rehabilitate the Airport's primary runway as identified in the proposed
Grant Agreement (DOT-FAIONM-1002 for AIP Project No. 3-08-0023-27), attached hereto as
Exhibit "A" and incorporated herein by this reference (the "2010 Grant Agreement"); and
WHEREAS, the project identified in the 2010 Grant Agreement is identified in the Fort
Collins-Loveland Municipal Airport Master Plan as a first priority project; and
WHEREAS, the$500,000 in grant funds and matching local funds of$26,315 necessary to
accept the grant from the Federal Aviation Administration have been appropriated as a part of the
Airport's 2010 budget.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the 2010 Grant Agreement is hereby approved.
Section 2. That the City Manager is hereby authorized, following consultation with the
City Attorney, to modify the 2010 Grant Agreement in form or substance as deemed necessary to
effectuate the purposes of this resolution or to protect the interests of the City.
Section 3. That the City Manager and the City Clerk are hereby authorized and directed
to execute the 2010 Grant Agreement on behalf of the City.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd
day of March A.D. 2010.
Mayor
ATTEST:
City Clerk
EXHIBIT A
U.S. Department
of Transportation
GRANT AGREEMENT
Federal Aviation
Administration
Part I - Offer
hate nrorrer:
Airport: FI. Collins-Loveland khmicipal
Project Number: 3-08-0023-27
Contract Nunihcr: 1)0•1'-FA10NN1-10
DUNS Number: 07-468-1407
To: Cities of Ft. Collins and 1-oveland. Colorado
(hercin called the "Sponsor")
From: The United States of America (acting through the Federal aviation Administration. herein called the
"FAA")
Whereas. the Sponsor has submitted to the FAA a Projcct Application dated February xx, 2010 for a grant of Federal
funds for a project at or associated with the 11 Collins-10ve1a11d \9Unicipal Airport, which Project Application; as
approved by the FAA. is hereby incorporated hercin and made a part hereof; and
Whereas. the FAA has approved a project for the Airport (herein called the "Projcct")consisting of the following:
Rchabilitme RutNray 15133, Phase I,
all as more particularly described in the Projcct Application.
FAA Form 5100-37(7190) 1.
Now TiaREFORE, pwsunni to and for the purpose of carrying out the provisions or] itle 49, United States Code. as
amended, herein called "the Act", and in consideration of (a) the Sponsor's adoption and ratification of the
representations and assurances contained in said Project Application and As acceptance or this offer as hereinafter
provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and
compliance with the assurances and conditions as herein provided, THE FEDERAL. AVIATION
AinvNISTRATION, FOR AND ON BEHALF Oh Tiw UNITED STATES, HEREBY OFFERS AND AGREES
to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 9510 per centum thereof.
'this Offer is nude on and SUBJECT TO TIIE POLLONVTNG TERiAIS AND CONDITIONS:
Conditions
I. The maximum obligation of the United Statcs payable under this offer shall he 5501000. Par the purpose orally
future grant anlcndnlems which moly increase the foregoing maximum obligation of the United StalCS under the
provisions of Seclion 47108(b)of the Act, the following amoums are being specified for this purpose:
5-0- ti>r planning
S501000 for airport development and noise program implementation
?. The alloncable costs of the project shall not include any costs determined by the FAA to be ineligible for
consideration as to Yknvahilitr under the Act.
3. Payment of the United States share of'the allowable project costs will he made pursuant to and in accordance
With the provisions of-such regulations and procedures as the Secretary shall prescribe. Final determination of
the United States share will be based upon the final audit of the total amount of allowable project costs and
settlement will be made for any upward or downward adjustments to the Federal share of costs.
4. The sponsor shall carry out and complete the Project without undue dclav and in accordance with the terms
hereof; and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the
assurances which were made part of the pr< ject application.
>. The FAA reserves the rigla to amend or withdraw this offer m any, time prior to its acceptanee by the sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project
unless this offer has been accepted by the sponsor on or before Ninrch 11 2010, or such subsequent date as may
be prescribed in writing by the FAA.
7. The Sponsor shall take all steps, including litigation it' necessary, to recover Federal funds spent fraudulently,
wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which
Federal funds have been expended. For the purposes of this Grant agreement, the terrp "Federal funds" means
funds however used or disbursed by the Sponsor that were originally, paid pursuant to this or any other Federal
grant agreement. h shall obtain the approval of the Secretary as to any determination of the amount of the
Federal share of such funds. It shall return the recovered Federal shm, including funds recovered by settlement,
order or judgment, to the Secretary. It shall Iurnish to the Secretary, Lipari request, all documents and records
pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or
FAA Form 5100-37(7190) 2
other efforts taken to recover such fluids. All settlements or other final positions of the Sponsor, in court or
otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise
from, or be incident to, compliance with this grant agreement.
Special Conditions
9. The sponsor will carry,out the project in accordance with policies, standards, and specifications approved by the
Secretary including but not limited to the advisor,circulars listed in the "Current FAA Advisory Circulars
Required for Use fit All) Funded and PFC Approved Projects." dated March 21, 2007, and included in this errant,
and in accordance with applicable state policies,standards, and specifications approved by the Secretary.
10. It is nntually understood and agreed that if, during the life of the project, the FAA determines that the nlaxinnnn
grant obligation of the United States exceeds the expected needs of the Sponsor by $25.000.00 or five percent
(MY whichever is greater. the nlaxinunn obligation of the United States can be unilaterally reduced by letter
Rom the FAA advising of'the budget change. Conversely, if'there is an O,crrun in the total actual eligihlc and
allowable project costs, FAA may increase the maximum grant obligation of the United States to cover the
amount of the overrun not to exceed the statutory percent limitation and will MR the Sponsor by letter of the
increase. It is Further understood and agreed that if, during the life of the project, the FAA determines that it
change in the grant description is advantageous and in the best interests of the United States, the change in grant
description will be unilaterally antended by letter from Ilse FAA. Upon issuance of' the aforementioned letter,
either the grant obligation of the United States is adjusted to the amount specified or the grant description is
amended to the description specified.
11. Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any conu•actor or subconimctor to
acquire any steel or manufactured products produced outside the United Stales to be used for any projecl for
airport development or noise compatibility for which funds are provided under this grant. The Sponsor will
include in C,ery contract it provision implementin;,this special condition.
12. In accordance with Section 47108(b) of [lie.Am as amended, the maximum obligation of the United States, as
stated in Condition 'No. I of this Grant Offer:
it. may not be increased for it planning project;
b. may be increased by not more than 15 percent for devefopnrent projects;
C. nrav be increased by not more than 15 percent for land projects.
13. The Sponsor agrees to perform the following:
it. Furnish a construction nlana`,enlent program to FAA prior to the start of construction which shall detail the
measures and procedures to be used to comply with the quality control provisions of the construction contract,
including, but not limited to, all Cloudily control provisions and tests required by the Federal specifications. The
program shall include as a minimum:
FAA Form 5100-37(7190) 3
(1) The name of the person representing the Sponsor who has overall responsibility for contract administration
for the project and the authority to take necessary actions to comply with the contract.
(2) Names of testing laboratories and consulting engineer firms with quality control responsibilities on the
project, together with a description of the services to be provided.
(3) Procedures ror determining that testing laboratories meet the requirements of the American Society Misting
and Materials standards on laboratory evaluation; referenced in the contact specifications (1) 36667 C
1077).
(4) Qualifications ofengincering supervision and construction inspection personnel.
(5) A listing of all tests required by the contract specifications, including the type and frequency of tests to be
taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances
permitted for each type of test.
(6) Procedures for ensuring that the tests are taken in accordance with the program, that they are documented
daily. and that the proper corrective actions, where necessary, are undertaken.
b. Submit at completion of the project, it final test and quality contial report documenting the results of all tests
performed, highlighting those tests that railed or did not meet the applicable test standard. The report
shall include the pay reductions applied and the reasons for accepting any out-of-tolerance material. An
interim test and quality control report shall be submitted, if requested by the FAA.
c. Failure to provide it complete report as described In paragraph b, or failure to perform such tests, shall, absent
any compelling justification, result in a reduction in Federal participation IN costs incurred in connection
with construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and
will be based on the type or types of required tests not performed or not documented and will be
crntmcnsurate with the proportion ofapplicable pavement with respect to the total pavement consu-uctai
under the grant a,reemenl.
d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments
accordingly it-such independent tests determine that sponsor test results are inaccurate.
14. The sponsor agrees to monitor progress on the work to be accomplished by this grant. For consultant services,
the Sponsor agrees to make payment only for work that hus beat satislitctorily completed. It is understood by
and between the parties hereto that the approximate value of the rinal project documentation is ten percent (10%)
of the total value of the engineering services contract, .and that amount will not be paid to the Engineer until
acceptable final project documentation is provided.
FAA Form 5100-37(7190) 4
I5. for a project to replace or reconstruct pavement in the airport, the Sponsor shall implement an effective airport
pavement maintenance management program as is rcqukcd by Airport Sponsor Assurance Number C-11. The
Sponsor shall use such program for the useful life of any pavement constructed, reconstructed. or repaired with
federal financial assMance at the airport. As a minimum, the program must confonn with the provisions outlined
below:
PAVEMENT NIAINTENANCV - IANAGEME'NT PROGRAiti
An effective pavement maintenance manngonem program is one that details the procedwvs to be followd to
assure that proper pavement maintenance, both preventive and repair, is performed. An airport sponsor may use
any form of inspection program it deems appropriate. The program must, as a minimum. include the following:
a. Pavement inventory. The following must be depicted in an appropriate Conn and level of detail:
(1) location of all runways, taxiways, and aprons:
(2) dimensions;
(3) lypc of pavement, and;
(4) year ofconstruction or most recent major rehabilitation.
For compliance with the Airport hnprovement Program (Alf') assurances, pavements that have been consuaeted,
recotsuucted, or repaired with federal financial assistance shall be so depicted.
b. inspection Schedule.
(1) Detailed Inspection. A detailed inspection must he performed at least once a year. If a history of
recorded pavement deterioration is ;mailable, i.e., Pavement Condition Index (110) survey as set
forth in Advisory Circular 15033846, "Guidelines and Procedures for Maintenance of'Airport
PavemeiuV the frequency oi'inspections may be extended to three years.
(2) Drive-By Inspection. A drive-by inspection must be performed a minimum ofotce per month to
detect unexpected changes in the pavement condition.
C. Record keeping. Complete information on the findings of all detailed inspections and oil the
maintenance perlormed must be recorded and kept on file for a minimum of five vein's. The 1>13cs of distress,
their locations, and remedial action. scheduled or performed, must be documented. The minimum information to
he recorded is listed bc)ow:
(1) inspection date. .
(2) location,
(3) distress types, and
(a) maintenance scheduled or performed.
For drive-by inspections, the date of inspection and any maintenance performed must be recorded.
FAA Form 5100-37(7190) 5
If. Infbnnation Retrieval. An airpon sponsor may use any forin of record keeping it deems appropriate.
so long its the inkrmation and records produced by the pavement sunny can be retrieved to provide it report to
the I'iAA as may be required.
C. Reference. Refer to Advisory Circular 150h390-6, "Guidelines and Procedures for Aaintenance of
Airport Pavements." for specific guidelines and procedures for maintaining airport pavements and establishing an
ellbetive maintenance program. Specific types of distress. their probable causes; inspection guidelines, and
reconunended inethods of repair are presented.
16. TRAFFICKING IN PERSO\'S:
a.Yruvishns applicable to a recipient Thal is :I private. entity.
I. You as the recipient, your employees, subrecipicnis under this award, and subrccipients' employees may im-_
V Frigage in severe forms of trafficking in persons during the period of time that the award is in Kim
ii. Procure a commercial sex aet during the period of time that the award is in crfcct; or
iii. Use forced labor in the perlorImuree of the award or subawards under the award.
2. We as the Federal awarding agency cony unilaterally terminate this award, without penalty. if you or a
subrccipicnt that is a private entity—
i. Is determined to have violated a prohibition in paragraph a.i of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate the award to have
violated a prohibition in paragraph a.I Otitis award terns through conduct that is Who—
A. Associated with pu formance under this award; or
B. Imputed to you or the subrecipienl using the standmAs and duc process for imputing the
conduct or an individual to an organization that are provided in 2.CFR part IRO, "OiNIB
Guidelines to Agencies on Governntennvide Debarment and Suspension (Nonprocurcnlent),"as
implemented by our agency at 49 CFR Part 29.
b. Provision applicable to it recipient Ober than a private entity. \Ve as the Federal awarding agency may
unilaterally terminate this award, without penally, ira subrccipicnt that is it private entity—
I. Is determined to have violated-an applicable prohibition in pamgniph a.I of this award iernl; or
2. Has an employee who is determined by the agency official authorized to terminate the award to have violated
an applicable prohibition in paragraph a.I of this award term through conduct that is either--
i. Associated with perfornuutce under this award; or
ii. Imputed to the subrccipicnt using the standards and due process for imputing the conduct of an
individual to an organization that are provided in 2 CFR paint I 80, "Ot\913 Guidelines to Agencies on
Governmemtyide Debanncnt and Suspension (Nonpromwenient)," as implemented by Our agency at 49
CI:R Part 29.
C. Provisions applicable to any recipient.
I. You must inlonu us immediately orally infOrmation you recciye front any source alleging a violation of a
prohibition in paragraph I.l of this :sward term.
FAA Form 5100-37 f7t90)
2. Our right to terminate unilaterally, that is described in paragraph Q or b of this section:
i. Implements section 106(g)of the TrafliA% Victims Protection Act of 2000 (TVPA). as Intended (22
U.S.C. 7104(g)). and
ii. Is in addition to all other renwdics Ibr noncompliance that arc available to us under this award.
3. You must include the requirements of paragraph a.l of this award tenn in any subaward you make to a private
entity.
d. Definitions. For purposes of this award terns:
I. "Employee" means either:
i. An individual employed by you or a subrecipient who is engaged in the performance of the project or
program under this award; or
A. Another person engaged in the performance of the project or program under this award and not
compensated by you including, but not limited to. a volunteer or individual whose services are
contributed by a third party as an in-khW contribution toward cost sharing or matching requirements.
1. "Forced labor" means labor obtained by any of the fbllowing methods: the recruituaCut, harboring;
transportation, provision. or obtaining of a person Cor labor or services, through the use of force, fraud, or
coercion lot-the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
3. "Private entity'.:
i. gleans any entity other than a $late, local government, Indian tribe, or foreign public entity, as those
teens are dclined in 2 CPR 17515.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher education, hospital. or
tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b).
13. A For-prolit organization.
a. "Severe forms of trafficking in persons," "contntercial sex am:' and "coercion" have the meanings given at
section 103 ofthe TVPA, as intended (22 U.S.C. 7IO2).
FAA Form 5100-37(7190)
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated heron shall be evidenced
by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise it Grant
Agreement, as provided by the An, constituting the conuactual obligations and HgWs of the United States and the Sponsor with
respect to the accomplishment of the Project and compliance tvith the assurances and conditions as provided herein. Such Grant
Agreement shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AlNIERICA
FEDERAL AVIATION AWMINISTRATION
Manager, Denver Airports District Office
Part II - Acceptance
The Sponsor does hereby ratifv and adopt all assurances, vutenients, representations, warranties, covenants;and agreements contained
in the project Appliunion and incorporated materials refcrrod m in the foregoing Offer and does hereby, accept this Offer and by such
acceptance agrees to comply with all orthe tenns and conditions in this OITcr and in the project Application.
E.cccutcd this day of , 2010.
CITY OF FT. COLLINS,COLORADO
(SEAL) Sponsor's Designated Official Representative
Attest: Title:
Title:
Ccrlific:nc of Sponsor's Attorney
I. acting as Attorney for the Sponsor do hereby certify-:
That in Illy opinion the Sponsor is empowered to enter into the foregoing, Grant Agreement under the laws of the Stale of Colorado.
Further, I have examined the foregoing Gaunt Agrixnunt and the actions taken by said Sponsor and Sponsor's official representative
has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said
Sune and the Act. In addition- for grants involving projccis to be carried out an property not owned by the Sponsor, there are no legal
impedimcnts that will prevent lull performance by the Sponsor. Further, it is lily, opinion that the said Grant Agreement constitutes a
legal and binding obligation of the Sponsor in accordance with the wnus thercol.
Dawd at this day of , 2010.
Signature of Sponsor's Attornev
FAA Form 5100-37(7190) 8
Ile Sponsor floes hereby ratify and adopt all assurances, stammemi representations, warranties. covenants, and agreements contained
in the Project Application and incorporated materials reforred to in the foregoing UK and does hereby accept this Offer and by such
acceptance agrees to comply"Ah all orthe teens and conditions in this Offer and in the Project Application.
Executed this day or , 2010.
CITY OF LOVGLA\'D,COLORADO
(SFAL) Sponsors Designated Official Representative
Attest: l itlr.
Tide:
Certificate of Sponsor's Attorney
L acting as Attorney, ror the Sponsor do hereby certify:
'chat in my opinion the Sponsor is empowered to enter into the foregoing Grant Agicemcnt under the laws of the State or Colorado.
Further. I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsors official representative
has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said
State and the Act. In addition. ror :rants involving projects to be con ied out on property not owned by the Sponsor,there are no legal
impediments that will prevent cull performance by the Sponsor. Further, it is my opinion that the said Gnmt Agreement constitutes it
legal and bkdhg obligation or Me Sponsor in accordance with the terms Mercer.
Dated at this day of ,2010.
Signature of Sponsors Attorney
J
FAA Form 5100-37 f7190) 9